Action brought on 20 January 2020 – Monster Energy v EUIPO – Nanjing aisiyou Clothing (Device of a claw-like scratch)

(Case T-35/20)

(2020/C 68/78)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Nanjing aisiyou Clothing Co. Ltd (Nanjing City, China)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark representing a device of a claw-like scratch – Application for registration No 17 634 478

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 13 November 2019 in Case R 1104/2019-5

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision;

—	annul the decision of the Opposition Division of 21 March 2019 in Opposition B 3050458;

—	reject the opposed mark for the contested goods and services, being all goods and services covered by the application;

—	order the defendant to bear its own costs of the proceedings and pay those of the applicant.

Pleas in law

—	Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—	Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—	Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.